Research On The Evaluation Mechanism Of The Probative Force Of Expert Conclusion

As one of the seven forms of legal evidence, expert conclusion plays an irreplaceable role in legal proceedings. However, only if their probative force is scientifically evaluated can the expert conclusions fully and effectively play their role in proving the case facts to be proved. The expert conclusions are not drawn directly from the case facts but from analysis of relevant samples, so the probative force of expert conclusions can not be evaluated by the methods which are used in evaluating the probative force of general evidences. We believe that to assess the probative force of expert conclusion, first we must review the factors that would influence the expert conclusions, and then the judges should be convinced by the expert conclusion through the discretion of evidence. In this process, the discretion of the judges must be necessarily constrained. Therefore, it is of theoretical and practical significance to study on the probative force of expert conclusions. Based on the analysis on definition, influencing factors and evaluation methods of expert conclusion and statement from different countries about determining the probative force of expert conclusion, combined with the current situation of examining and determining the expert conclusion in China, this thesis proposes some ideas and suggestions to improve the evaluation methods of the probative force of expert conclusions.This paper includes introduction, body and conclusion. The body is divided into three chapters. The research tools and approaches borrowed are comparative law, legal philosophy, history law and case study.Chapter I is about the basic theory of probative force of expert conclusions. In this chapter, the author firstly introduces the contents of probative force of expert conclusion. Secondly, the author introduces the two factors that have impact on the probative force of expert conclusions, and analyzes the reliability and relevance of the probative force of expert conclusions. Thirdly, the author compares the probative force of expert conclusion with the evidence force, a pair of interconnected while different concepts which are confusing to make difference.Chapter II is about history and status quo of the evaluation of probative force of expert conclusion. In this chapter, first the evolution of the probative force of the expert conclusions and both legal and free ways to demonstrate the probative force of evidence are introduced. Then a comparative analysis is made on the evaluations of expert conclusions of two legal systems. The author also introduces the principle of discretional evidence upheld by judges from both legal systems to judge the probative force of the expert conclusions. At last the author suggests external forces and internal constraints to constrain the judges'conduct so that the evaluation tends to be rational and objective.Chapter III is about the status quo and improvement of evaluation mechanism of the probative force of expert conclusion in China. The author first analyzes the status quo of evaluations mechanism of the probative force of expert conclusions in China and problems existing in it. Then, based on the national condition in China, learning from foreign experience, and applying relevant theory, the author proposes an idea to improve the evaluation mechanism of the probative force of expert conclusion, including the choice of evaluation models for the probative force of expert conclusions, and the construction of constraint mechanism for free judgment of the probative force of expert conclusions including internal and external constraints in the process of judgment and constraints after the judgment. Finally, the author makes several legislative proposals.